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Application�E IDIAN.- TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN Mayor Tammy de Weerd City Council Members: Keith Bird Brad Hoaglun Charles Rountree David Zaremba To ensure that your comments and recommendations will be considered by the Meridian City Council please submit your comments and recommendations to Meridian City Hall Attn: Jaycee Holman, City Clerk, by: May 26, 2015 Transmittal Date: May 7, 2015 File No.: VAC 15-005 Hearing Date: June 2, 2015 Request: Public Hearing: Vacate a portion of the existing water, sewer and pressurized irrigation easements on Lot 1, Block 2 for Umbria Subdivision By: Silver Oaks Apartments, LLC Location of Property or Project: 3800 W. Perugia Street _Ryan Fitzgerald (No FP) _Gregory Wilson (No FP) _Steven Yearsley (No FP) _ Patrick Oliver (No FP) _Rhonda McCarvel (No FP) _Tammy de Weerd, Mayor _City Council —Sanitary Services _ Building Department/ Rick Jackson _ Fire Department Police Department —City Attorney _City Public Works _City Planner _ Parks Department Economic Dev. Your Concise Remarks: Meridian School District _ Meridian Post Office _Ada County Highway District _Ada County Development Services _Central District Health _COMPASS _Nampa Meridian Irrig. District _Settlers Irrig. District —Idaho Power Co. _ Qwest _Intermountain Gas _ Idaho Transportation Department _Ada County Ass. Land Records Downtown Projects: —Meridian Development Corp. _Historical Preservation Comm. South of RR / SW Meridian: NW Pipeline New York Irrigation District Boise-Kuna Irrigation District Boise Project Board of Control/Tim Page City Clerk's Office • 33 E. Broadway Avenue, Meridian, ID 83642 Phone 208-888-4433 • Fax 208-888-4218 • www.meridiancity.org �E IDFZ IAN;_-.- �J MAY - 4 2015 Planning Division DEVELOPMENT REVIEW APPLICATION STAFF USE ONLY: Project name: cr, Su t vt 5i o of vt Si o n t La+ I t a igueC % Filenumber(s):�-(J' 1 Assigned.Plannev,: 0. Related files: Type of Review Requested (check all that apply) ❑ Accessory Use ❑ Planned Unit Development ❑ Administrative Design Review ❑ Preliminary Plat ❑ Alternative Compliance ❑ Private Street ❑ Annexation and Zoning ❑ Property Boundary Adjustment ❑ Certificate of Zoning Compliance ❑ Rezone ❑ Comprehensive Plan Map Amendment ❑ Short Plat ❑ Comprehensive Plan Text Amendment ❑ Time Extension: ❑ Conditional Use Permit Director/ Commission/Council (circle one) ❑ Conditional Use Modification ❑ UDC Text Amendment Director/Commission (circle one) N Vacation: ❑ Development Agreement Modification Director/ Council (circle one) ❑ Final Plat ❑ Variance ❑ Final Plat Modification ❑ Other Applicant Information Applicant name: Silver Oaks Apartments, LLC Phone: 288-0100 Applicant address: 1409 N Main St City: Meridian Email: State: ID Zip: 83642 Applicant's interest in property: 17 Own ❑ Rent ❑ Optioned ❑ Other Owner name: Same Owner address: City: Email: State: Phone: Zip: _ Agent/Contact name (e.g., architect, engineer, developer, representative): Patrick Scheffler PLS Firm name: Idaho Survey Group Phone: Owner address: 1450 E Watertower St #130 Email: pscheffier@idahosurvey.com City: Meridian State: ID Zip: 83642 Primary contact is: ❑ Applicant ❑ Owner 171 Agent/Contact Subject Property information Location/street address: 3800 W Perugia St, Meridian Township, range, section: T3N, R1 W, S10 Assessor's parcel number(s): R8778730020 Total acreage: 24.6 Zoning district: R-15 Community Development. Planning Division . 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642 Phone: 208-884-5533 Fax: 208-888-6854 www.meddiancitv.org/plannine -I- (Rev. 061122014) Project/subdivision name: Umbria Subdivision- Lot 1, Blk 2 General description of proposed project/request: Request to vacate existing sewer 8 water easements shown on Sht.3 of Umbria Sub plat. Will dedicate new sewer & water easements per re -design of site improvement Q PRESS. tieRI Proposed zoning district(s): Acres of each zone proposed: n/a Type of use proposed (check all that apply): O Residential ❑ Office ❑ Commercial ❑ Employment ❑ Industrial ❑ Other Who will own & maintain the pressurized irrigation system in this development? NMID Which irrigation district does this property lie within? NMID Primary irrigation source: pump sta @ canal Secondary: Square footage of landscaped areas to be. irrigated (if primary or secondary point of connection is City water): Residential Project Summary (if applicable) Number of residential units: Number of building lots: Number of common lots: Number of other lots: Proposed number of dwelling units (for multi -family developments only): 1 bedroom: 2-3 bedrooms: 4 or more bedrooms: Minimum square footage of structure (excl. garage): Maximum building height: _ Minimum property size (s. f): Average property size (s.f): Gross density (Per UDC ll-lA-1): Net density (Per UDC 11-1A-1): Acreage of qualified open space: Percentage of qualified open space: Type and calculations of qualified open space provided in acres (Per UDC 11 -3G -3B): Amenities provided with this development (if applicable): - Type of dwelling(s) proposed: ❑ Single-family Detached ❑ Duplex D Multi -family ❑ Vertically Integrated ❑ Single-family Attached ❑ Townhouse ❑ Other Non-residential Project Summary (if applicable) Number of building lots: Common lots: Other lots: Gross floor area proposed: Hours of operation (days and hours): Total number of parking spaces provided: Authorization Print Appli Existing (if applicable): Building height: _ Number of compact spaces provided: Community Development . Planning Division n 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642 Phone: 208-884-5533 Fax: 208-888-6854 vnvw.meridiancitv.ore/olannine -2- (Rev. 0611212014) PRFs. Ikea M IDAHO SURVEY GROUP April 8, 2015 City of Meridian Planning Department Dear Planner: 1450 East Watertower St. Suite 130 Meridian, Idaho 83642 Phone (208) 846-8570 Fax (208) 884-5399 This request for a vacation of easements is being submitted concurrently with Silver Oaks Apartment project and Avendale Subdivision. This project replats a previously platted lot of Umbria Subdivision into several lots that will correspond to phases of the Silver Oaks Apartment project. Due to the re -design of this project, there are several previously recorded easements that are no longer needed and will interfere with the new site layout plan. The easements that the owner is requesting to be relinquished and/or vacated are as follows: The City of Meridian water and sanitary sewer easements shown on the interior of Lot 1, Block 2 (sheet 3 of 5) of Umbria Subdivision. The existing easements shown at the northeast corner of Lot 1, Block 2 will remain. The property owner will provide new City of Meridian water and sanitary sewer easements with the re -designed project. Sincerely, (�-'i Patrick J Scheffler, PLS Agent for Owner April 8, 2015 EXHIBIT A CITY OF MERIDIAN SANITARY SEWER AND WATER EASEMENT VACATION LOT 1, BLOCK 2, UMBRIA SUBDIVISION That portion of those existing City of Meridian Sewer and Water Easements, dedicated by Note 17 on Sheet 3 of 5 of the Plat of Umbria Subdivision, as filed for record in Book 101 of Plats at Page 13200, records of Ada County, Idaho, being located within Lot 1, Block 2 of said subdivision, as shown on the attached Exhibit A-1, excepting therefrom that portion adjacent to the northerly boundary of said Lot 1 as shown on the attached Exhibit A-2. t��'/ y�v C S �' 701 J. ADA COUNTY RECORDER Christopher D. Rich AMOUNT 25.00 6 BOISE IDAHO 04/28/2014 04:38 PM DEPUTY Bonnie Oberbillig RECORDED -REQUEST Electronic Recording 77'7777 VIII �IIII III�II IIIIII II IIIIII III�II IIIIII III IIIIIII'I IIII RECORDED -REQUEST OF TITLEONE BOISE 114031857 RECORDING REQUESTED BYAND WHENRECORDED RETURN TO: Moffatt, Thoatas, Barrett, Rock & Molds, Chartered 101 S Capitol Boulevard 10th Floor Pont Of as Bax829 Boise, Idalto 83701-0829 Attention: Miehoel0. Roe &a3S-04 y -r/57:> (Space Above For Record er's Use) SPECIAL WARRANTVDEED' ' FOR VALUE RECEIVED, TEN M11Z DEVELOPMENT, LLC, an Idaho limited liability company ("Grantor"), hereby conveys and specially warrants to SILVER OAKS APARTMENTS, LLC, an Idaho limited liability company, whose mailing address is 1409 N. Main Street, Meridian, Idaho 83642 ("Grantee"), all of that certain real property situated in Ada Comity; Idaho, and more particularly described on Exhibit A attached hereto and by this reference made a part hereof. SUBJECT TO all existing easements, rights of way, reservations, restrictions and encumbrances of record, including, without limitation, any existing tenancies, to all zoning laws and ordinances, to any state of facts all accurate survey or inspection of the premises would show and to any and all exceptions to title set forth on Exhibit B attached hereto and by this reference made apart hereof. TO HAVE AND TO HOLD the herein described real property, with its all and singular Hereditaments and appurtenances, mato the Grantee, and Grantee's successors and assigns forever. The Grantor covenants to the Grantee that Grantor is the owner in fee simple of said premises; that the premises are free from encumbrances created or suffered by the Grantor, excepting those as may be herein set forth, and excepting those of record, and that Grantor will warrant and defend the same from all lawful claims of or through Grantor, but none other. SPECIAL WARRANTY DEED - I Clea03322066d 0 IN WITNESS WHEREOF, this Special Warranty Deed, has been duly executed by and on behalf of Grantor this af-� day of April, 2014, GRANTOR: TEN MILE DEVELOPMENT, LLC, an Idaho limi;edlbility company STATE OF IDAHO ) ) ss. County of Ada ) On this_ Nkv of April, 2014, before me iia h22& 22& c i � r� - , personally appeared GAAYE K WOLI6E, SR, laiown or identi iedto me (or pr ed e oath of ) to be the &I a , a e yi t ., k/ of TEN MME DEVELOPMENT, LLC, the limited liability company that execu edit a instrument or the person who executed the instrument on behalf of said limited liability company, and aelmowledged to me that such company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ;.G-P,tT DART �......... 0 ARrAuaor- '• 'a& OF IPP,k'• NOTARY PUBLIC FOR IDAO Residing at SOUX My Commission Expires =ina exriaes: ii -tate SPECLAL WARRANTY DEED - 2 Cllent6922066.1 Exhibit A (Legal Description of the Subject Property) Lot 1 in Block 2 of Umbria Subdivision, according to the official plat thereof, filed for record in Book 101 of Plats at Pages 13200,13201, 13202, 13203, and 13204, records of Ada County, Idaho. ExHmrT B ('Title Exceptions) i, Rights or claims of parties In possession not shown by the public records. 2. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Time that would be disclosed by an accurate and complete land survey of the Land, and that is not shown by the Public Records. 3. Easements, or claims of easements, not shown by the public records. 4. Any Her, or right to a lien, for services, labor, or materials heretofore or hereafter furnished, Imposed by law and not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the Issuance thereof, (c) water rights, claims to title to water, whether or not the matters excepted under (a), (b), or (o) are shown by the public records. 6. Taxes or special assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records, Proceedings by a public agency which may result In taxes or assessments, or notices to such proceedings whether or not shown by the records of such agency, or by the public records. 7. Taxes, Including any assessments collected therewith, for the year 2013 for which the first Installment Is paid and the second Installment Is due and payable on or before June 20, 2014. Parcel Number: R8778730020 Original Amount: $22,827.56 (Affects additional property) 8. Taxes, Including any assessments collected therewith, for the year 2014 which are a lien not yet due and payable. 9. The land described herein Is located within the boundaries of City of Meridian (208-888-4433) and Is subject to any assessments levied thereby. 10. The land described he}eln Is located within the boundaries of Nampa -Meridian Irrigation District (208- 466-7861) and Is subject to any assessments levied thereby, 11, Reservations and exceptions in a United States Patent, and In the act authorizing the Issuance thereof, recorded January 5, 1896 In Book 3 of Patents, at Page 104, records of Ada County, Idaho. 12. Reservations and exceptions In a United States Patent, and In the act authorizing the issuance thereof, recorded February 16, 1900 In Book 3 of Patents, at Page 424, records of Ada County, Idaho, 13. Terms and provisions contained In an Agreement by and between United States of America and Norville W. Booth and Katharine Booth, his wife. Dated: July 31, 1916 Recorded: December 16, 1916 Instrument No.: 66907 Book 7 of Contracts and Agreements at Pages 161 and 162, records of Ada County, Idaho. 14, Right-of-way for Kennedy Lateral and the rights of access thereto for maintenance of sold lateral. Said lateral Is under the control of and maintained by Nampa & Meridian Irrigation District pursuant to a Quitclaim Dead recorded July 18, 2001 as Instrument No. 101071951, record of Ada County, Idaho. EydWIT B - I CMAN322066.1 16. Terms and provisions contained In a Master Pathway Agreement by and between Nampa & Meridian irrigation District and The City of Meridian, a political subdivision and municipality of the State of Idaho. Recorded: December 26, 2000, January 9, 2001 and February 6, 2001 Instrument Nos.: 100102999, 101002080, and 101009649, records of Ada County, Idaho. 16. An easement for the purpose shown below and rights Incidental thereto as set forth In a Sanitary Sower Easement Granted to: City of Meridian, a municipal corporation of the State of Idaho Purpose: right-of-way for the permanent and temporary construction easements for the construction, operation and maintenance of a sanitary sewer line Recorded: December 15, 2005 Instrument No,: 105191330, records of Ada County, Idaho. 17. Terms and provisions contained In a City of Meridian Ordinance No. 06-1209, Recorded: January 6, 2006 Instrument No.: 106002835, records of Ada County, Idaho. 18. Terms and provisions contained In a Development Agreement by and between City of Meridian, a municipal corporation of the State of Idaho and Charter Builders, Inc. Recorded: January S. 2008 Instrument No,: 106002636, records of Ada County, Idaho. Terms and provisions contained in an Addendum to Development Agreement by and between City of Meridian, a municipal corporation of the State of Idaho, Ten Mlle Development, LLC and Silver Oaks Apartments, I.I.C. Dated: April 5, 2011 Recorded: April 6, 2011 Instrument No.: 111028916, records of Ada County, Idaho. 19. Terms and provisions contained In a License Agreement by and between Nampa & Meridian Irrigation Distrlct'and Charter Builders, Inc„ an Idaho corporation. Dated: February 7, 2006 Recorded: March 6, 2006 Instrument No,: 106033973, records of Ada County, Idaho. 20. An easement for the purpose shown below and rights Incidental thereto as set forth In a Sanitary Sewer Easement Granted to: City of Meridian, a municipal corporation of the State of Idaho Purpose; right-of-way for the permanent easement for the construction, operation and maintenance of a sanitary sewer line Recorded: March 7, 2006 Instrument No.: 106034783, records of Ada County, Idaho. 21, Terms and provisions as contained in a Construction Contract for Urban Irrigation System In Umbria Subdivision. Executed by; Charter Builders, Inc., an Idaho corporation, and Nampa & Meridian Irrigatlon District Recorded; March 13, 2008 Instrument No.: 106038080, records of Ada County, Idaho; Terms and provisions as contained In a Bill of Sale for Umbria Subdivision for all Irrigation equipment, including, but not limited to pump(s), pump house, pipelines, fittings and valves from the pump station to the Individual water service taps, constructed or to be constructed, which constitute the pressurized Irrigation system located In Umbria Subdivision. EXH MIT B - 2 Cllanl:3e22066.1 Seller; Charter Builders, Inc., an Idaho corporation Buyer: Nampa & Meridian Irrigation District Dated: February 16, 2006 Recorded March 13, 2006 Instrument No.; 106038081, records of Ada County, Idaho; Terms and provlslons, contained In an Addendum to Construction Contract for Urban Irrigation System in Umbria Subdivision, eke, Silver Oaks Subdivision and Pump Station Operation and Maintenance Agreement. Executed by; Charter Builders, Inc., an Idaho corporation, and Nampa & Meddian Irrigation District Recorded: June 29, 2006 Instrument No.: 106104020 Terms and provisions contained In an Addendum to Construction Contract for Urban Irrigation System in Umbria Subdivision, aka, Silver Oaks Subdivision, to Extend Time to Complete Construction. Executed by: Ten Mlle Development, LLC, an Idaho limited liability company, and Nampa & Meridian Irrigation District Recorded: May 12, 2008 Instrument No.: 108066213, records of Ada County, Idaho. 22. An easement for the purpose shown below and rights Incidental thereto as set forth In a Public Right - of -Way Easement (Sidewalk), Granted to: Ada County Highway District Purpose: perpetual and exclusive easement for a public right-of-way for use by those members of the public who are pedestrians, and by bicyclists (If the Servient Estate Is located In an area where bicycles are allowed to be ridden on sidewalks), and the statutory rights, if any, of utilities to use the public right-af- way, and for ACHD, Its employees, agents and contractors access to Inspect, repair and maintain the Improvement Recorded: June 8, 2006 Instrument No.; 106091000, records of Ada County, Idaho. 23. Terms and provisions as contained In a Drainage Facilities Easement Agreement, Grantor; Cherry Lane Christian Church, Inc. Grantee: Silver Oaks, LLC Dated: November 5, 2006 Recorded: November 16, 2006 Instrument No.: 106180338, records of Ada County, Idaho. 24, Terms, provisions, conditions, and, easements contained In a Cross Easement Agreement (Private Road & Utilities) by and between Cherry Lane Christian Church, Inc. and Silver Oaks, LLC. Dated: November 6, 2006 Recorded: November 16, 2006 Instrument No.: 106180339, records of Ada County, Idaho, 25. Easements, reservations, restrtctlons, and dedications as shown on the official plat of Umbria Subdivision, recorded June 11, 2008 as Instrument No. 108067789, records of:Ads County, Idaho. 26. Terms and provisions contained In a Central District Health Letter, Recorded: June 11, 2008 Instrument No.: 108067790, records of Ada County, Idaho. EXHIBIT B - 3 _ cllen113222056.1 AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO ) COUNTY OF ADA ) Dp,j.-b rn evopeR/ rl'izr . I, (� all. LI ) T `^A ^ � e) � (address) Y /V (city) ��(ssttate) being first duly sworn upon, oath, depose and say: 1. That I am the record owner of the property described on the attached, and I grant my permission to: (name) (address) to submit the accompanying application(s) pertaining to that property. 2. I agree to indemnify, defend and hold the City of Meridian and its employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. 3. I hereby grant permission to City of Meridian staff to enter the subject property for the purpose of site inspections related to processing said application(s). Dated this day of MCIL 20 1� (S i��6 (Signat e) SUBSCRIBED AND SWORN to before me the day and year first written. 6�•w�ceau.y + Q �• OTAp 'SCS, (Notary Publi for Idaho) Y 3 % * o•� _ * E Residing at: eo"S C i 1 G 10, yAUBLt /O •: My Commission Expires:00 00.. me `} lZq,2p2I OF'.9� Community Development. Planning Division a 33 E. 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'14-13 -Im Z59M,29 "In R Mini-, �]Il V n I v WY C;m w 0 z < < Z25 jIgM Ao z 0� < 'w AIMM N 6" N 0 z 0 - om Z< 00 < V) 0-0 W. JS (L A , ;�. H . 3 0. N2 N Z -'i I! I I& z 1� I WE -0 tN iS c X, ez ZRM hla Z R'g I M, �l .—I . . . . F 0 z Z g� -g . i 0 0 'Z 2d z F: < F-- D 0 w NO !o -h jIgIn A �0 X. W Hearing Date: June 2, 2015 File No.: VAC -15-005 Project Name: Umbria Subdivision, Lot 1, Block 2 Request: Request to vacate a portion of the existing water, sewer and pressurized irrigation easements on Lot 1, Block 2, Umbria Subdivision, by Silver Oaks Apartments, LLC. Location: The site is located at 3800 W. Perugia Street, in the SE V4 of Section H), Township 3N., Range I W.